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My childrens dad didnt return them after a visit.Our decree was joint w/ no set days,so the cops wont get involved.He is claiming negligence and wants the court to give him residential custody.I cant afford a lawyer but I am afraid if I go to court w/o one his lawyer will take away my kids.Does he have to prove that Im not able to take care of them?Is there an age limit when kids can choose who they live with?Do they have to provide beds for them,or does the couch count?At the modifacation hearing,will the judge want to speak with the kids to get their views on things?Can this be handled w/o a lawyer and win or would I only make matters harder on myself?What should I do?

Asked on 1/13/05, 8:35 pm

1 Answer from Attorneys

You pose some tough questions. No one can tell you for sure if you are going to win, with or without an attorney. My opinion, of course, is that you are better off with an attorney than without, because attorneys know how the law applies and what needs to be presented to the Judge. You will have to decide whether you want to try to keep custody on your own or hire a professional to help you.